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31. The Tribunal even after taking note of the specific point of reference, instead of answering the same, had altogether proceeded on an entirely separate issue, outside the very scope of reference, and directed the petitioners to draft a seniority list within a period of two weeks. As per the learned ASG, Sh. Parag Tripathi Sr. Advocate the answer to the reference was of grave importance, since on its very basis the seniority of around 3500 members of the IRS was to be determined.

38. Sh. Parag Tripathi, the learned ASG, also pointed out that it is on the very basis of the Civil List alone that the respondents themselves have enjoyed the benefits of promotion to the Senior Scale of the Deputy Commissioner of Income Tax, based upon their respective positions in the said list. Therefore, the learned ASG contends that the respondents are estopped from challenging the IRS Civil List. Thus it is contended that to direct the petitioners to draft a separate Seniority List over and above the Civil List at this juncture would negate every promotion made since the very inception of the IRS on the basis of the seniority denoted on the Civil List and this in turn would only cause chaos in the administrative side of the IRS department.